How does a federal court get personal jurisdiction over someone in a civil case?
Rule 4 of the Federal Rules of Civil Procedure lays out the process for a federal court establishing personal jurisdiction over a defendant.
This is discussed further below.
What does Rule 4 require to establish personal jurisdiction over someone in a civil case?
In summary, the federal court must employ the state law governing personal jurisdiction that is applicable in the state in which the federal court is located.
The federal court adopting the state’s procedural law must subject the defendant to the same procedures as if the case were in state court. Erie Railroad Company v Tompkins.
That is, the federal court will use the state’s procedural rules for serving process on individuals within the state’s borders and may also use the state’s long-arm statute to reach defendants outside of the state’s geographic boundary.
As discussed further below, the long-arm statute is a special statute allowing the state to serve a summons on a defendant who is not physically located in the state.
- Relevant Law: It is well established in diversity cases that “the district court’s personal jurisdiction over a nonresident defendant is governed by the forum’s long-arm statute.” Sawtelle v. Farrell, 70 F.3d 1381 (1st Cir. 1995)
- Note: If the subject-matter of the case is exclusively federal, the Federal Rules of Civil Procedure allow the federal court to exercise personal jurisdiction over the defendant regardless of where she is located. That is, the federal court is not limited by the state’s service of process rules. Federal procedure allows for service of process anywhere in the United States and its territories.
